Supreme Court rules in Santabarbara's favor

Santabarbara said the Court's decision proved he never broke the law and Amedore is just engaging in politics as usual.

"I think people are sick and tired of political games," said Santabarbara. "This shows exactly why Albany needs to change, George Amedore tried to make me out to be a law breaker with absolutely no evidence."

Amedore filed specific objections to Santabarbara's nominating petition with the NYSBOE a day late with a postmark date of Aug. 26, so the only avenue left for Amedore was to take the matter to court if he objected to the petition.

"If you miss a date that is a significant defect that can be fatal to the objection," said John Conklin, spokesman for the NYSBOE. "That really was the whole problem, that was why the board didn't accept the specifications or specific objects. If the objections are late there is nothing for us to do."

When a nominating petition is filed with the BOE it is presumably valid by law and the board does an initial review of the petition only looking for fatal errors; such as failing to list the Assembly district, not numbering every page and clearly holding less than the required signatures.

"We don't necessarily do a full count unless there is a reason to, or a specific objection is filed," said Conklin.

While Santabarbara had enough valid signatures for the ballot lane, Amedore contested the number of invalid signatures should result in the petition being completely thrown out due to neglect.

Of the 2,509 signatures, Amedore contested 951 signatures, leaving 1,558 signatures unopposed, which is more than the required amount of 1,500. Santabarbara claimed to have witnessed 567 signatures and 225, or 45 percent, were invalid.

According the court's documentation, Santabarbara testified he initialed all changes, alterations or clarfications made on the nominating petition, but he didn't initial when the signer left the Town/City section of the petition blank and added the location.